Garbett v. Anderson et al

Filing 31

ORDER signed by Magistrate Judge Dennis M. Cota on 1/10/20 ORDERING plaintiff's in forma pauperis status should be revoked. The clerk of the court is directed to serve a copy of this order on the Pro Se Unit at the Ninth Circuit Court of Appeals. (cc: Pro Se Unit, USCA-9th circuit) (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARRICK M. GARBETT,

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Plaintiff,

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v.

No. 2:18-CV-1793-KJM-DMC-P

ORDER

JENNIFER SCHAFFER, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, appeals the

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court's final judgment entered on September 30, 2019. The matter was referred to the

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undersigned by the Ninth Circuit Court of Appeals to certify whether in forma pauperis status

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should continue on appeal or whether the appeal is frivolous or taken in bad faith, in which case

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in forma pauperis status would be revoked. See 28 U.S.C. § 1915(a)(3); see also Hooker v.

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American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Having reviewed the entire file, the

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court concludes in forma pauperis status should be revoked because the appeal is frivolous.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s in forma pauperis status should be revoked; and

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2.

The Clerk of the Court is directed to serve a copy of this order on the Pro

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Se Unit at the Ninth Circuit Court of Appeals.

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Dated: January 10, 2020
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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